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German NGO Working Group on Data Retention welcomes today's decision by
the Federal Constitutional Court to partly suspend the blanket
collection of traffic and location data of the entire population (the
so-called "data retention") by putting tight restrictions on how
retained data may be used. The NGO now demands the resignation of the
responsible Minister of Justice, social democrat Brigitte Zypries.

"Mrs Zypries negotiated the data retention rules against the will of
the German Parliament, agreed to an EU directive which lacks a legal
basis and tried to impose data retention in Germany in violation of the
clear jurisprudence of the Federal Constitutional Court. This
intentional breach of our constitution disqualifies her as a Minister
of Justice", says Patrick Breyer of the Working Group who is also one
of the complainants who applied for the ruling. "Mrs Zypries
systematically deceived the public. For example, she told Parliament
data retention was about 'serious crime', whereas the German
transposition law covers any criminal act committed using
telecommunications networks. She claimed the EU directive was being
transposed at a 'minimum level' whereas in truth the German
transposition law goes far beyond EU rules. We need Ministers of the
Interior and Justice who appreciate our liberties!"

The Working Group on Data Retention also calls for material
consequences to the ruling. Germany must stop plans to register all air
travel in Europe. This threatens to be the next unconstitutional
blanket collection of data. Likewise plans to breach the secrecy of the
post in the millions by collecting and processing mail and packet data
are to be abandoned immediately. Under the rule of law, the
computerized blanket mass registration of people and their behaviour is
unacceptable. Generally, we are in urgent need of a halt to new
surveillance and security legislation and an independent review of all
surveillance laws enacted since 1968 with regard to their effectiveness
and harmful side effects. Even the second report of the federal
government is now calling for a "systematical evaluation" of such
legislation, arguing that "without evidence anything can be justified
somehow". The proposed extension of powers of the Federal Criminal
Police Office including online spying in personal computers, as well as
the inclusion of biometric data in ID cards threatens to be a further
waste of taxpayers' money. The Working Group calls on the conservative
and the social democratic parties to stop those plans immediately.

Although the Federal Constitutional Court did not for now
suspend the blanket collection of telecommunications data itself, the
Working Group remains optimistic. “This is but a preliminary ruling.
The Constitutional Court is traditionally reserved with regard to
preliminary rulings. We remain confident that in cooperation with over
30.000 other applicants, we will be able to stop the surveillance of
telecommunications in the absence of reasonable suspicion”, declares
Werner Hülsmann, member of the Working Group. In the meantime, the
Working Group gives recommendations on its homepage on how to
circumvent data retention. "The decision of the Federal Constitutional
Court is a success that was also achieved by thousands of people who
resisted their wanton surveillance on the streets, in letters to
politicians and with their constitutional complaints", adds Werner
Hülsmann.

The German Working Group on Data Retention asks citizens to
take their deputies to task and ask them just how they intend to
effectively prevent such violations of our constitutional rights in the
future, for example in regard to the proposed extension of powers of
the Federal Criminal Police Office and the planned indiscriminate
collection of data on air travellers. The Working Group also recommends
effective protective measures against the monitoring of one's personal
and professional contacts and movements:

1. Ask the data protection officers of your telephone provider,
your mobile phone provider, your e-mail provider and your Internet
provider whether and for how many days they retain your traffic data.
Ask for the immediate deletion of such data and use flat rates. If your
provider keeps retaining data, change to another provider.
2. Use free and prepaid services only after signing up under an assumed
identity (e.g. e-mail accounts, prepaid SIM cards). This will continue
to remain entirely legal in the future.
3. Use anonymizing services and software for sensitive activity on the Internet.